Pressure builds in Asheville, county water spat

Friday

Aug 28, 2009 at 12:01 AM

Members of the Henderson County commissioners and Asheville City Council could not come to an agreement Tuesday over a decade-old water dispute.

Members of the Henderson County commissioners and Asheville City Council could not come to an agreement Tuesday over a decade-old water dispute.A working group comprised of three members of the Asheville City Council and two Henderson County commissioners was formed late last year to discuss the dispute.The group met Tuesday morning to discuss Asheville's proposal for a resolution to an agreement the two entities had in the 1990s that allowed Asheville to construct a water treatment plant on the Mills River in exchange for a parcel of land in Buncombe County given to Henderson County to construct a wastewater treatment plant. The property is near Brevard Road on the west side of the French Broad River, across from the entrance to the Arboretum.A water authority was formed after the 1990s agreement between the city and the county. Asheville also agreed to install water lines and provide water to residents on the north end of Henderson County.The water authority was dissolved shortly after it was created, and Henderson County has no use for the property in Buncombe County because the original contract requires the land to be used for a wastewater treatment plant.Henderson County believes Asheville has not fulfilled its end of the original agreement, and two lawsuits have been filed over the years.In February, Henderson County presented Asheville with a draft settlement. Hendersonville proposes selling the property in Buncombe County and splitting the proceeds. It also states that Asheville will provide Henderson County with potable water "without regard to quantity" and that Asheville agrees to construct certain water lines in Henderson County."Our attorneys have gone over this proposal for clarity," Asheville Mayor Terry Bellamy said. "We took this before the council on July 9, and we support what the attorneys have hammered out."Asheville presented the commissioners with a proposal that if the Bent Creek property was transferred back to Asheville now, Asheville would agree that if the property is ever sold for a private purpose, 20 percent of the profits from selling the real estate would go to Henderson County. Asheville would retain 80 percent of the profit if the land were sold for a private purpose."At this point, it is not clear if the land is needed for public purpose, and Asheville cannot make any specific commitment as to how the land will be utilized," the proposal stated.

As part of the 1990s agreement, the land will be transferred to Asheville in 2011 or 2012 if nothing is resolved."Asheville's long-range plans are for a water treatment plant on the French Broad River," Asheville City Councilman Brownie Newman said. "We are also thinking about a public green way on the river front on the Bent Creek property.""On my part, the 80-20 split is not acceptable," Henderson County Commissioner Larry Young said."I wouldn't be opposed to the 80/20 split if money would flow," Henderson County Commissioner Chuck McGrady said. "But you aren't guaranteeing anything. I will take this proposal to the commissioners, but I don't support this. This looks like your handing us a lottery ticket. We may get compensation, but most likely not. We entered into this agreement to get water for Henderson County, but we have had to sue the city to get that.""In our first meeting, we said we would have a water board to discuss these issues," Bellamy said. "I think we are still open to that. We are voting on an agreement that was put together by our bodies. I don't think we have done anything that was breech of contract. We don't see where we owe you money for that land. There was a caveat that said if the land was not used for water treatment it reverts back to Asheville.""Given what is your expressed intention for the land, you will hold on to it," McGrady said. "I understand legal positions and we can fall back on that, but this is not going to get my vote. I don't see any basis for this moving forward.""In terms of analogy of a lottery ticket, we expected some different views," Newman said. "If you get a lottery ticket and lose, you have nothing. We are talking about using this land for a public purpose. In our interest, we would just let the clock run out and wait for the market to pick up."McGrady and Young told the Asheville City Council they would take this latest proposal before the commissioners in September.

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